Rajeev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.991 of 2017 Arising Out of PS.Case No. -3 Year- 2016 Thana -BAUNSI District- BANKA ====================================================== Rajeev Yadav, Son of Ammo Yadav, Resident of Village- Bhandarichak, P.S.- Bounsi, District- Banka.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Bounsi P.S.Case No. 03 of 2016 registered for the offences punishable under Sections 364 and 364A of the Indian Penal Code.

It has been submitted on behalf of the petitioner that though allegation is under Sections 364 and 364A IPC but the victim lady, wife of the petitioner, has left the matrimonial house on her own, which is evident from paragraphs 12 and 13 of the case diary and she is of under-developed mind. Heard learned APP also.

Having heard both sides and considering the statements made by the witnesses in paragraphs 12 and 13 of the case diary, let the petitioner, above named, in the event of his arrest or surrender in the court below within a period of two weeks from the date of receipt/production of a copy of this order, be

Patna High Court Cr.Misc. No.991 of 2017 (3) dt.10-02-2017 2/2 enlarged on provisional bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III. Banka, in connection with Bounsi P.S.Case No. 03 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the conditions that petitioner will cooperate in the investigation and appear before the police, as and when required, and on failure on his part to appear before the police on two consecutive occasions, without showing any valid reason, his bail bond shall be liable to be cancelled. However, after submission of charge-sheet the petitioner will surrender and make prayer for regular bail, which shall be considered by the court below on the basis of materials available on record at that time.

With the above observations, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U